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232795 1 � .� ORIGINA TO CITY GLERK I •� � CITY OF ST. PAUL FOENCIL NO. ���� ��J � _ � OFFICE OF THE CITY CLERK ` ' C UNCIL RES UTI N—GENERAL FORM ! ` f PRESENTED BY l COMMISSIONE DATF E M E�� tl� _ � , ! �- RESOLVPD, By the Counail of the City of Saint Paul� �� Minneso�a� that a joint agreement between the City of Saint - Paul, the Village of Map]a�rood and the Cotanty of Ra.msey� �°, providing for the design, construetion� operation and maintenanee of certain storm water sewer facilities to I :: provide for the drainage of storm and surface waters from areas eontrolled by the Citp of Saint Paul� the Village of � ;' Maplewood and the County of Ramsey� lying generally in the � vicinitp of the intersection of White Bear Avenue and ' Lar enteur flvenue which a reement at a e ' �` ' p � g p g 9 carries a f - revision date of March 10� 1967� a copy of which is �� hereto attaehed and incorporated herein by reference as F .; fully and as completely as if set forth here3n verbatim, i �_ be and is hereby in all things approved and the proper I ;:_ City officers are hereby authorized and directed to execute + said agreement for and on behalf of the City of Saint Paul; ` be it �f .. � -:• FIIRTHER RESOFLVED� That the aforementioned agreement of I �, . March 10� 1967� shall be substituted in lieu and in place of ; ,- the prior agre�ment between the City of Saint Paul� the ;� Village of Maplewood and the County of Ramsey heretofore '� authorized by resolution of the Couneil� C. F. No. 231706� '� � adopted January 25� 1967, and the authority contained in ;: said resolution, C. F. No. 231706, is canceled and superseded '; hereby. � _ - �3 � � _ � �: � t i � �, . r FO APPROVED � ��. , . I j± Asst. Corporation CounseL � �9 �� . , ;� . . �� �96� � �'� COUNCILMEN � �: Adopted by the Council �P 19'— Yeas Nays j Carlson ,'� /�PR 1� 1��� �4 Dalglish �' Approved 1�9 '' Holland ' _ � �� Meredith n Favor ��,��� � 1 ' r�� : erson � �?�ll�y Ma�yor, Tedesco A gainst f �•' ��"�;�•'x'��t�.��::�3:�X��:u:i��st� p ,� lylr+3T�ce.�'Xesident (Peteryon) , ���Lls�� APR 8 ,a��'/ !� �- � �22 i �_ - t� 1 � . ' ,i rw lr � s' • !i ' ♦ i� � I' .� ,�3� � , ;�� ; 7g� :� � �: � . ,. �; # , . ,. JOINT AGREEMENT �� , . � �! CITY OF SAINT PAUL - VILLAGE OF MAPLEWOOD - COUNTY OF RAMSEY ', . �!I f� 'r, Th�s instrumen� o� agreemen� made and en�ered in�o �ointly �.by �� ,i the City of Saint Paul, acting by and through its council, and �th;e � ,� i Village of Maplewood, acting by and through its council, and the �, � ' 1= � • � � County of Ramsey, acting by and through its Board of County i; � : i � � Commissioners, all pursuant to the provisions of Minnesota Sta utes - � � � ; � 1965, Section 471.59, ;� ' � - � I WITNESSETH: ' i� •. � ;, � WHEREAS, The Parties hereto desire to enter into a joint �� ' � agreement and effort providing generally for the design, construcl- � �If '' tion, operation and maintenance of certain cooperative storm sewers MI� 4' to provide for the drainage of storm water and surface water from � , t areas controlled by the �tillage of Maplewood and the City of S���t is Paul in the County of Ramsey and affecting large areas owned, j: �� operated and controlled by the County of Ramsey, and . �� �:- 3� WHEREAS, The area involved in this proposed activity liei� J�. � s � generally in the vicinity of the intersection of White Bear Avinue ; � and Larpenteur Avenue, more fully indicated on attached Exhibit� No. ; ' !, l, and includes an area controlled and operated by Ramsey Count�yt,as i , i � arid for the County Home and recreational areas, and � '} i ! � i3 ; WHEREAS, Preliminary feasibility studies and reports whi�ch'�� '� i� have heretofore been conducted by the Engineering Departments o�f�� � � the City of Saint Paul, the Village of Maplewood and the Count�y� '� �, I �, of Ramsey indicate that it is feasible, practical and technica�l`ly , h , , proper to provide for the drainage of the storm and surface wat�ers • ��� �' � from the area above described into Wakefield Lake located generally ' � at the intersection of Larpenteur Avenue and Prosperity Road i�n � ; � i> �3 i the Village of Maplewood� and by means of lake level control ,{ � � 1 1. i , t � _1- �. ; , �� �� ;: . �� ,= � . ��- ,� --- --- - ------- -� � � i: - �3` � . �7 • ; 1 �} � _ • �.f, ' � � f �� , • • , k �� i I ��' 1 . :� ' {3 � I �* ' i� i_ structures to control the level of Wakefield Lake and outlet �'.: ' i:f . t-, � Wakefield Lake through a storm drainage sewer to the West along :� { � � �_ � Larpenteur Avenue and outletting into Lake Phalen, and �� ; � 1�H�REA9, The surface wa�er congest�on and impounding pre- �� . �: sently existing in the area is of such nature as to require the� !� ; ; �s ' � immediate and urgent action of the governing bodies concerned � t; ; � � � � in order to alleviate the condition, and • � _ �' , WHEREAS, The Parties to this agreement are in agreement 1' � � C � with reference to the details hereinafter set forth; � �: � ; � , ,. NOW� THEREFORE� BE IT AGREED by the Parties hereto� and '� ' � �; i each of them� as follows : ;� . � � � l. The engineering, planning and preparation of working �.. ' � �; . drawings for the project will be undertaken and completed ,by tYie ;: , �It �1 � Engineering Department of the City of Saint Paul with the cooper= : 1;• : ation of the Engineer for the Village of Maplewood and the �' ' � , _ ?,. : � �ngineer for the County of Ramsey."y The Engineering Department . ; �` will prepare detailed plans and specifications for the construction ' ' of a storm and surface water drainage pro�ect running generall!y�� �' 1 I: } from the area of Ruth Street in the Village of Maplewood into �� . �; - . Wakefield Lake; providing for an outfall water level control ,;- ; �� structure from Wakefield Lake and a sewer runnin enerall �' ' ' g g Y ?,' � , westerly along Larpenteur Avenue from Wakefield Lake to Lake �' � } ; i� - Phalen and there outletting. The design criteria shall be th '' �ill �' � usually and normally accepted by the City of Saint P aul for the �� F � € construction of its storm and surface water drainage projects. , 2 . Upon completion of the plans and specifications ,by �he ' � 'i Engineering Department �of the City of Saint Paul, these shall bel - _ � '� '! . � submitted to the governing bodies of the City of Saint Paul, the' � � s �; : ; County of Ramsey, and the Village of Maplewood for approval. s, y � ° „ i ;; - ; -2- � 1 � . M ; , � . , � � i—� � a. t . . � '� � F �? ' C�' � . ( �:` ; . , � � � � �.� . � . : � � , f :. : . � � �. ; . � �! : ; . ;� � . ,: ; , , . e � {'' { � � 1: : 3. The plans and specifications for the pro�ect shall be ' #� . divided into two phases of construction. Phase I shall_ include ' �;� ' that portion of the project involving the overflow and control ` ��� I �� structure from Wake�ield Lake and the storm drainage sewer �`; = • �, 7 running from Wakefield Lake westerly along Larpenteur Avenue �i: ; +.. , � and outletting into Lake Phalen. Fhase I sewers are shown in � �� � � broken line on Exhibit No. 1 which is attached hereto and made �a� t { ! �_ . �. part of this Agreement. �;- � Phase II of the project shall include the plans and speci- � � ��� ' fications for the construction of that portion of the project �1 � ,; . draining the area involved, in the vicinity of the intersection °i ' ��. I � of White Bear Avenue and Larpenteur Avenue, into Wakefield Lake.� j; � +: Phase II sewers are as follows: In Larpenteur Avenue from ii . ,., approximately 400 feet east of Ruth Street to Wakefield Lake; �;� ,'- � in White Bear Avenue from California Avenue to Larpenteur Avenue;�� � , ;= and in Van Dyke Street from Ripley Avenue to Larpenteur Avenueo �� ; N. 1� � � Plans and specifications � together with cost estimates, 111 ,F ; � be prepared separately for each of the above phases. Phase II . '• � ,� �; . ' sewers are shown in solid line on Exhibit No. 1. ; ! �� � 4. When the plans and specifications for each of the phases ; � have been approved by the governing bodies of the City of Saint� �'� i� ; , Par�l, the County of Ramsey and the Village of Maplewood, the I ' � ' i= , Village of Maplewood will immediately advertise for construction ��' - bids for the construction of Phase I of the project, and will +� i ; �� �; �I proceed in accordance with the statutes controlling the construc;; � tion of internal improvements in the award of contract and� � �' ' I ', , i� � _ ; , construction of Phase I of the project. The entire supervision, ,� - control and o eration of the construction '!' p project contemplated � � I 1� - pursuant to Phase I of the project will be undertaken under the� •. , 1 !:� � . immediate supervision of the Village of Maplewood .and the Villa�geo: � . ; � :, �� _3_ - + i i', � i- � � ; � � - � -' � . � ' - � 1 ` - k: ; ' - � � 'Y ' _ ' ��;' 3 ' - ; . . i :� . 'k L I , I` � i; • • l i1' I � �i• �e � 1 �Zi �,, , � Engineer. Upon award of contract for this construction the County � ; . , �:' . of Ramsey will pay to the Village of Maplewood as and for its =� ; � , 1 ' ' share of the construction cost of Phase I the sum of �100,000.00., � f ; � . The City of Saint Paul will at the same time pay to the Villag�; ii� } � I ,� of Maplewood the sum of �5,000.00 as and for its share of the I ��. i � � construction cost of Phase I of the project. The Village of ff ' � ,. : � � �: � Maplewood will provide the sum of 96200,000.00 as and for its sYiare - ! ' � �� �' � of the construction cost involved in the construction of Phasell�' � ' i� Payments shall be made to the Treasurer of the Village of Maplel-': - ` 1� i wood to be applied to the construction cost, and both of said �` . 1- ` . .payments may be treated by Map lewood as assessments for improvem�nts ' r S � to which the County and the City hereby agree. ' � i �: 5. It is contemplated by the Parties to this agreement that ; �I ,_ ; legislation will be submitted for consideration to the 1967 seision � �s � I of the Minnesota Legislature for authority to construct Phase I��. ,► of this project in accordance with the terms of this agreemen �. �� ; ! Upon such legislation being adopted, and subject in all things , �F 1 ' to the action of the Legislature relating thereto, the County of'! �� �. Ramsey, upon and pursuant to legislative authority if granted,� �j : � will advertise for bids and award construction contracts for t�he;� , , � � '� ' construction of Phase II of the pro�ect, in accordance with the }4 � � rt ; . p�ans and specifications theretofore adoptedo The County of j ,. ' .� Ramsey shall act in the matter pursuant to statutes controlling �' ' ' t� �� �# � generally contracts for public improvements within the County of�' : � I ;i ; Ramseyo Upon award of the contract therefor the City of Sain � � � ' � Paul will pay to the County of Ramsey the sum of �245,000.00 aIs • � � , � ; : and for its share of the construction cost involved in the con�l j� � ., struction of Phase II, and the Village of Maplewood will pay �fo ';; ; ' I ' , the County of Ramsey as and for its share of the construction ( _�' � " ! �: ,- cost thereof the sum of $50,OOOo00. These payments shall be mad`e � !: , �� j —4— !� i ; (� ; . } � � e � , � . _ . . — --- — -- - � ; ,- ;. 4� ' •��; � . zY � �;� � ;i�; . . ,,� . ; �t ?r � . r� � ' I• i '�� ' 1 �: � I. � �, ' i- to the Treasurer of the County of Ramsey at the time aforesaid. !► ' , �P' i i The County of Ramsey will provide the sum of �150,000.00 as and � - , +;w i' � i. , for its share of the construction cost involved in the construc � on ; j� + of Phase II. I`° ;, " ��. ; ; 6. It is the estimate of the Parties hereto that the tota+l �: ; � , � � ,i ; cost of construction of the two phases of the pro�ect as outlined !? � �i i above will be approximately �305,000.00 for Phase I and i;' E ; I �= a � �445�000.00 for the construction of Phase II. Where total cost j�` � ; „ � _ , ! of construction or consturction cost is mentioned in this ,� � ' �` - � � agreement, it shall mean total pro�ect cost, including �= � f I �: � contractor ' s cost� engineering and inspection, legal fees, easement s ; I� �i . � costs, laboratory materials, tests and other direct contract costs. �: � In the event that the construction cost as finally determined b� l {. , ' contract awarded in the construction of either hase differs fro��i� . ± P " i j this proposed estimate, the difference shall be paid by the i ', ` � � ' Parties hereto in the same proportion as is indicated in this 1 : ; , � + I , agreemen t w i t h re ference to t he paymen t o f t he es tima te d cos t o f ��' �I � � , � such hase. Repa ents of excess mone s wi l l be ma de in t he sa�ne�l I p 3'� Y ��_ , , � proportion. After completion of both pnases, final adjustment ; � will be made upon a certification of the various amounts due under � i � . i this agreement by the Auditor of Ramsey County to the Parties :' j ! hereto so that each party shall pay equal one-third shares of the ;' : t i total cost of Phase I and Phase II of the project. � ' . �� t , 7. Change Orders in the plans and specifications in an �� S , � amount not to exceed $2 ,000.00 may be approved by the Engineer : � - # , � � ! � � � in charge of the pro�ect for either the Village of Maplewood in , . Phase I or the County of Ramsey in Phase II. Change Order� in � - , , excess of �2 ,000.00 must be presented to the governing bodies �' . !� � prior to approval for consideration and action. _ 1 i i • I ;� j 8. Any legal services involved in the acquisition of right; � • � �� ' i of-way, preparation of contract documents or other le.gal work � � . �� 1 -5- � � � Y: ' �i � ' i� - ��.' "' ' ' '_ __ _ ��'_"'-_ � ' - - • �f � • � i _ � � i ) �� �_, : : � � �� i . l- � , � - �� � i �. . ;� �s � � ,�- { . ,, �- - ; involved in the project shall be provided by the attorney for ��. ; � i � the Village of Maplewood as concerns Phase I and by the County � ��' � � , I �- � - Attorney of the County of Ramsey as concerns Phase II of this , �;' , : � 1� � , ;. ,. ; ; pro�ect. �' ; , ' 9. Upon completion of the pro�ect the operation and � - � �� � : ' maintenance and control of the work accomplished under Phase I � {i� ; , � " shall be the sole and exclusive responsibility of the Village � +�. ' : 1 . ' � of Maplewood, except for maintenance of the overflow structure, ' �� ' � � ;, ; � • which shall be the responsibility of the County. Insofar as , , ! ; � , � ' Phase II is concerned, the operation and maintenance and control �q' � � ; � �,I +s � S ° � of the work shall be the sole and exclusive responsibility of the � ' . �II ,; = ` City of Saint Paul, except for the Van Dyke Street portion in the,; � . I i'- ; M Village of Maplewood, which shall be the responsibility of the ��_ - ,- - { +- � Village of Map.lewood. Any expense incurred in the maintenance or,' ; i repair of the mai� sewers constructed under both Phase I and �i � i , ; � I. : ; , rhase II of the pro�ect, as shown on Exhibit No. 1, shall be ; � borne by the Parties to this� agreement in equal one-third propo -_ � � , d i � tionate shares,except for the routine maintenance of the overfliw�' � structure, the costs of which shall, be borne by Ramsey County �; � ; i� ; ; �; exclusively. Payment shall be ma�de among the Parties from time �; � � � y ' � to time as necessary �pon certification of the Ramsey County � �; � � � �� � i Auditor to the various governing bodies concerned. � . �`' � The City of Saint Paul shall be responsible for the cost of�; , ��- construction and maintenance of all catch basins and leads i; � ° �: constructed under the provisions of Section 10 and built withini `= . the City of Saint Paul, exclusive of those built in Larpenteur � ' Avenue. The Village of Maplewood shall be responsible for the � � � . t' � cost of construction and maintenance of all catch basins built j! ' . t;. � , pursuant to the provisions of Section 10 and located within the; j; Vi�lage of- Maplewood, e�l.usive of those located in Larpenteur I �� ' , � ' � Avenue. The County of Ramsey shall be responsible for the cost = � � -6- , � � i I � . � : ; '---- -- � - -- . - -- -- _� � _ { ' , - �_ . �.� � S �' ` i ' - {-i ' �'�V " �-; F i .. ��{ � , • ' � ,is 1 � {t . I �� � � • Ij f I �1 � � of construction and maintenance of those catch basins and leads �:' = i � I � i built in Larpenteur Avenue under Phase I of the project and ��, � ; Q shall be responsible for the maintenance of those catch basins ' � � r :, � and leads built in Larpenteur Avenue under Phase II of the �� - � � , - . � project. _ , ; , 10. The agreement is intended to define cost shares for t�he� � i� • sewer trunk line that is to be used to carry runoff from the j� � � �� ' County of Ramsey, the Village of Maplewood and the City of Sain ! �� i i. 1 Paul. It is not the intention of this agreement to share costs � � I ! , � i of catch basins and leads that connect the catch basins to the I i < � 1 ' - cooperative main line sewer, except as described in Section 11. � � + � , � ic• : ; . The County may advertise for and accept bids and award contracts for � s' construction of catch basins and pipe connections to the �ointl�yl-�; � ,: financed sewers described in Section 3 and indicated on Exhibit• �� i i 3 , No. 1 if such seWer appurtenances are requested either by the �;' j � � Y F County of Ramsey, the City of Saint Paul or the Village of ; � ; �• Maplewood and provision for payment of the cost of such sewer : �i � � appurtenances is made by the responsible municipality. The County _ � Ii �` may provide for the concurrent construction of such appurtenancis ; ' f �� ; hereunder if, at the time of advertising for bids, the f • . , � � municipality involved has provided for the payment of any costs i � ' . �� f � or charges attributable thereto. Such contracts shall be a '' , 1�• , • � � separate item on any bid or proposal. i � , � 11. It also is hereby agreed that the County of Ramsey wil,l i reconstruct and repave Larpenteur Avenue within the limits of I g � ' . ' ' the Phase II sewer project. It is anticipated that the Larpenteur! } � E y i Avenue reconstruction will be accomplished with the Phase YI �'� , : � �� � sewer work under a single contract. It is also understood and ;� � + �, - � agreed that the costs for repaving of 'Larpenteur Avenue shall � i- , �� k � in�lude costs of drainage structures including catch basins in ! ��� . ` I �� I � , ki �, ' I . -7- � ; �� ; , , , + ; � ; ; - : , , ; i . ' �;; , ; 1' - ; ( � j' �Y I °� . ; —__—_ ._ _ _ --_ � ,f I �;. v . � ;� • ;� �� �� 1� C ��- � < �i- Larpenteur Avenue and leads therefrom. It is further agreed �� ' ��� ` 1�' j that the City of Saint Paul and the Village of Maplewood will 1' • �3- a participate in the costs of the Larpenteur Avenue repaving , �;. pro�ect in accordance with the following formula: The costs �:' of repaving of Larpenteur Avenue to a width needed to accommodate future traffic requirements for the design life of ;; f�. � the pavement will be the total cost responsibility of the �� • I: �_ County of Ramsey. The cost of parking widths or additional �:_ i•' traffic lanes requested by the City of Saint Paul and the Village ? ; of Maplewood shall be shared twenty-five per cent by the County �fx�� , �i � � Ramsey and seventy-five per cent by the Village of Maplewood or {� a� by the City of Saint Paul depending on the side that the �� i�_ , pavement is widened. All costs of catch basins and leads � �� ' � � constructed on Larpenteur Avenue within the limits of the Phase �� „ II sewer pro�ect shall be distributed uniformly across the ��' i'- total pavement width before computing cost shares. ,� , . �- - ;; In Presence Of: CITY OF SAINT PAUL ' � ' I � � �� By: I � Mayor = ' ; � i - {; � �!. _ C i ty C lerk �;- Approved as to form: � �i ;; J }: Assistant Corparation Counsel i` �� Countersigned: , � .. i : � �. � City Comptroller � �! �' Approved as to form and execution � this day of , '; lg6�o ��a � . ; Assistant Corporation Counsel ' � I —8— . ; - ,. , - - - - . _ ,�_.._. .----- -- _ , j�' . ,: _ �i s � . t �� �Y` , , 7 _, � �s f � � ( �-" , . ` � �: �'- � �'• r _ f 1 � � � � In Prese�ce Of: VILLAGE OF MAPLEWOOD - :. t' gy;-- � �� Mayor S ' Clerk �� ` . ` �}; , 1' _ , j�. - Approved as to form: � ; - .- . �- � {_:: . Village of Maplewood Attorney _ i " �'� L � ; i ; ��" : �, 1 Tr I �t 3 i- 1�� �=' � � � : In Presence Of: BOARD OF COUNTY COMMISSIONE� S � � ! j� • ' By: � �� - Chairman, County Board j; ! � �; , Attest: �° County Auditor ' � • �� Approved as to form: - � �. Assistant County Attorney �` ; . i . }�� � jt" i • ' �!, 7 � 3 1 ' �s 8• ��r . � : � ' REV. 3-10-67 � � _9_ `I ,� �= ., � - - -- - .._ _ r--_-__,..._.__...�-- _�- .__. �_� =� . � _ ,; � � ' 1 f i�; � ''" �_� �